Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Case No. 622/N/2024.
C.R. No. 347/2024.
FS-I Division, Mumbai.
MHMM18-012821-2024
Sanjay Amrut Holekar … Applicant
V/s.
Sr. Inspector of Police,
(Excise FS-I Division) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
This application is filed by the applicant namely Sanjay
Amrut Holekar for release of auto-rickshaw bearing registration No.MH-
47-D-3915, which is seized by the Excise FS-I Division in connection
with Crime No. 347/2024 registered with the said excise division for the
offence punishable under section 65(A)(E) Maharashtra Prohibition Act.
2) IO and APP filed their say. They both objected and
submitted that, there are chances of repetition of offence and
commission of similar another offence. As such, they both prayed for
rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of Aadhar Card, permit, R.C. Book
alongwith his affidavit.
4) In the matter of
Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down
certain guidelines as to the property which is seized by the police during
the investigation, which is to be disposed of as early as possible. Though
the applicant is the accused in the alleged offence, no one has shown
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better possessary title on the vehicle. Also the accused has protection of
principle of innocence in his favour. As per this ratio, said vehicle is
returned to the applicant. Under such circumstances, pass following
order :-
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. auto-
rickshaw bearing registration No. MH-47-D-3915
be handed over to applicant on executing
indemnity bond of Rs.2,50,000/- (In words
rupees Two Lakhs Fifty Thousand only), in the
police station.
3] The applicant should undertake that he shall not
transfer, pledge or any other way alienate the
said muddemal till the final disposal of the
Crime No. 347/2024.
4] The applicant is also directed to produce the said
muddemal property as and when ordered to do
so.
5] The I.O. is directed to draw the proper
panchanama and take out two photographs of
the muddemal property in order to establish the
identity for identification and evidence.
6] The applicant is also directed to produce his
address proof.
7] Said application is to be affixed with Crime
No. 347/2024.
Date : 20.12.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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